ARTICLE IV. - GROWTH MANAGEMENT ORDINANCE
Part of the Code of Ordinances of Hopkinton, RI.
The text
Footnotes:
--- (4) --- Editor's note— Ch. 159, §§ 1—11, adopted October 25, 2000, did not specifically amend the Code. Therefore, such ordinance has been added as Art. IV, §§ 13.5-74—13.5-85 at the editor's discretion.
Sec. 13.5-86. - Purpose.#
The purpose of growth management is to equitably allocate a limited number of building permits over time, so as to minimize the burden on existing facilities and resources, whose adequacy is essential to the public health, safety and welfare, and in a manner which is consistent with the Hopkinton Comprehensive Community Plan. It is the intent of this article to allow controlled growth in relation to the existing and future capacity of town facilities and the Chariho Regional School District.
(Ch. 159, § 1, 10-25-00)
Sec. 13.5-87. - Findings.#
The town council, planning board, town staff and consultants have conducted a study to develop a growth management program as called for in the Comprehensive Community Plan. The study is entitled Town of Hopkinton, Rhode Island, Growth Management Program, Element I, and was adopted by the town council on October 25, 2000. The town council finds that this study, together with the footnotes and sources, establishes the basis for the town's growth management program, and are incorporated herein by reference.
(Ch. 159, § 2, 10-25-00)
Sec. 13.5-88. - Issuance of residential building permits.#
Issuance of building permits authorizing creation of one (1) or more dwelling units, as defined by the Hopkinton Zoning Ordinance, Section 2(25), through new construction or change of use shall be allowed only under the procedures and requirements set forth herein. Applicants for such residential building permits shall be authorized to proceed in the manner specified herein, and in accordance with the priority assigned to them. The total number of dwelling units authorized to begin construction in any quarter shall not exceed the calculated quota as established in section 13.5-89 of this article.
(Ch. 159, § 3, 10-25-00)
Sec. 13.5-89. - Calculated quota.#
There shall be a finite number of residential building permits for each quarter of each year. A quarter is defined as a three-month period that begins on the first day of January, April, July or October. From the date of adoption by the Town Council of this ordinance to December 31, 2000, the total number of such permits shall be the sum of forty-four (44) minus the number of permits already issued from January 1, 2000, to the date of adoption. Thereafter, the number of residential permits to be issued shall be limited in accordance with the following formula:
Total permits per quarter = (equals) 36.93 percent of the currently available seats within the Chariho Regional School District PLUS the projected increase of seats that attributable to the Town of Hopkinton (i.e. elementary schools within Hopkinton plus 36.93 percent of Chariho Regional High, Middle and Elementary Schools) over the next ten (10) years, commencing with January 1, 2001 ;div; (divided by) 1.067 ;div; (divided by) forty (40).
(Ch. 159, § 4, 10-25-00)
Sec. 13.5-90. - Initial quota.#
Initially, it has been determined by the town council, based upon studies conducted pursuant to the comprehensive plan and studies cited in section 13.5-87, along with data supplied by the Superintendent of the Chariho Regional School District and the Chariho Building Committee, the town's present capacity for additional dwelling units is based on the following: Chariho-wide Attributed to
Hopkinton
1999 Chariho Total Capacity 4,012 seats 1,504 seats
Available Capacity 34 seats 12 seats
Chariho-wide projected increase 986 seats 452 seats
Existing capacity + projected increase 1,020 seats 464 seats
Divided by 1.067 435 dwellings
Divided by 40 quarters 11 permits (rounded up)
No more than eleven (11) permits shall be issued as of the first two (2) quarters following the adoption of this article. The annual quota shall be the quarterly quota times four (4), initially forty-four (44) permits per year.
(Ch. 159, § 5, 10-25-00)
Sec. 13.5-91. - Subsequent quotas.#
Following the method established in section 13.5-90, the calculation of the formula for the third and all subsequent quarters shall be performed by the building official and shall be submitted to the town council, the planning board and posted in the office of the town clerk not less than thirty (30) days prior to the commencement of the quarter for which the quota is to be applied. To assist the building official in his/her calculation, the building official shall request, in writing, that the superintendent of the Chariho Regional School District supply him/her the number of available seats in the school district based on the current capacity less the actual enrollment as of October 1 of the school calendar year, and the increase in seat capacity, projected from January 1, 2001 to December 31, 2010 based upon an adopted plan of the Chariho Regional School Committee. The building official shall monitor the Chariho Regional School District's overall capacity by checking with the superintendent of the Chariho Regional School District every first day of February, March, August, and November to determine if there are any changes in available seats. If there are no changes, the building official shall notify the town clerk that the number of permits to be issued the next quarter will be the same as the previous quarter. If there are changes in seats, the building official shall recalculate the quota and notify the town clerk of the new number of permits to be issued the next quarter. Notwithstanding any changes, the quota shall not change in the middle of any given quarter.
(Ch. 159, § 6, 10-25-00)
Sec. 13.5-92. - Effective date.#
For the purposes of this article, the effective date shall be the date of its enactment. Any application for a building permit creating one (1) or more additional dwelling units submitted after the effective date of this article shall be subject to the review procedures set forth herein. Permit applications submitted before the effective date of this article shall not be subject to any of the quota limitations of this article. This article shall supercede any and all ordinances inconsistent herewith.
(Ch. 159, § 7, 10-25-00)
Sec. 13.5-93. - Exemptions from the quota.#
The following types of dwellings shall not be subject to the provisions of this article with regard to the calculated quota. These dwellings have been determined to have no or minimal impact upon the town's capacity or provide positive benefits to the town which are consistent with the comprehensive community plan.
The building official shall accept applications for construction of the dwellings listed below and shall act upon them without regard to the quotas, priority determination and procedures as set forth in this ordinance. All such permits issued shall be considered to be issued in addition to the calculated quota provisions of this article. Complete applications for construction of dwelling units so authorized shall be granted permits within the time limits prescribed in the Rhode Island State Building Code, regardless of the availability of permits within the quota. (1)
Vested rights. An application to construct a dwelling is not subject to this section if allowed pursuant to vested rights provisions of Section 12 of the Zoning Ordinance, or pursuant to Chapter 139 of the Hopkinton Ordinances (the Reserve at Brushy Brook Planned Unit Development).
(2)
Subdivision phasing. An application to construct a dwelling located on a lot which is within a subdivision previously subjected to mandatory or agreed-to phasing requirements by the planning board, and which includes a prohibition on the building, sale, or recording of lots or units within that subdivision in order to establish a rate of development by requiring it to be recorded in phases. The provisions of this subsection shall remain in effect for a period of two (2) years from the date such lot or unit is permitted to be built, sold or recorded, after which time applications for building permits upon these lots shall cease to be exempt and shall be subject to the full quota provisions of this article.
(3)
Elderly housing. Dwellings which would contribute to meeting the year-round housing needs of elderly citizens through enforceable restrictions limiting occupancy to households whose members are sixty-two (62) years of age or older.
(4)
Retired adult communities. Planned developments for retired citizens, with amenities, established through publicly enforceable restrictions limiting occupancy to residents whose members are fifty-five (55) years of age or older.
(5)
Multifamily dwellings. Multifamily dwellings having zero-bedroom (studio) or one-bedroom units, and which do not exceed a total of eight hundred (800) square feet floor area per dwelling unit.
(6)
Accessory family dwelling unit. As defined in Section 2(2) in the Zoning Ordinance.
(7)
Community residence. Any community residence as defined by G.L. § 45-24-31.
(Ch. 159, § 8, 10-25-00)
Sec. 13.5-94. - Priority issuance.#
Building permits shall be issued by the building official up to the maximum number permitted by the applicable calculated quota, in the order of priority assigned below. In the event of a tie, priority shall go to the application with the earlier date and time of the submission of a complete application. (1)
The first priority shall be given to applications for construction of low and moderate income housing.
(2)
The second priority shall be given to applications for construction of a single-family detached dwelling if the applicant has not previously received a permit for any lot in Hopkinton and the lot to be built upon is not and was not under common ownership with a lot or parcel which has previously received a building permit; and either,
a.
The applicant owned the lot to be built before the effective date of this article; or
b.
The lot to be built upon has been subdivided from a larger parcel before the effective date of this article.
(3)
The third priority shall be given to applicants whose application for construction of a dwelling has been denied for four (4) consecutive quarters because of the provisions of this article.
(4)
The remainder of the quota shall be issued to any other applications in the order of complete applications received.
(Ch. 159, § 9, 10-25-00)
Sec. 13.5-95. - Procedure for issuance of building permits.#
(a)
Applications for building permits for construction of one (1) or more dwelling units shall be submitted to the building official, who shall adhere to the following procedure in reviewing and issuing permits:
(1)
Completeness. The building official shall, upon receipt of an application submitted, examine the application, plans and all materials for completeness, which shall include all plans and materials required for a building permit under the applicable provisions of the zoning ordinance and the Rhode Island State Building Code. If said application, plans and materials are complete, the building official shall stamp it indicating the date and time of official receipt by the town.
(2)
Incomplete applications. If the application is incomplete and does not contain all plans and materials as required by the zoning ordinance and the Rhode Island State Building Code, the application, plans and materials shall immediately be returned to the applicant who will be informed by the building official what is missing from the submission in order to qualify as a complete application.
(b)
The building official shall not issue permits for any dwelling units in excess of the quota unless such units are exempt, as provided in section 13.5-93. The building official shall keep track of all permits issued plus complete applications submitted during the most recent quarter, beginning with the effective date of this article. If, within any quarter, the number exceeds the quota, additional building permits shall no longer be issued. Applications for additional permits shall be accumulated for action at the beginning of the next quarter, and shall be prioritized and issued under the ensuing quarter.
(c)
At the beginning of the next quarter, the building official shall add the total number of complete applications on file to the total number of permits issued during the previous three (3) quarters. In the event that the resulting sum (current quarter applications plus the previous three (3) quarters' accumulation) is fewer than the annual quota as defined herein, accumulated permits shall be issued up to the quarterly quota limit and new applications may be processed to such limit. In the event that the resulting sum exceeds the annual quota, the accumulated permits shall not be issued and no further permits shall be issued for that quarter.
(d)
The accumulation of applications may continue from one (1) quarter to the next and permits issued within the limitations described in subsection (c) above. Under no circumstances shall the number of building permits, other than those exempt dwellings, exceed the annual quota.
(Ch. 159, § 10, 10-25-00)
Sec. 13.5-96. - Limitation on permits issued.#
In order to assure that permits for residential building construction are equitably distributed among all qualified applicants, no more than five (5) building permits for dwelling units shall be granted to any single applicant, or to any owner or group of owners of any single subdivision or land development project, within any quarter if doing so would result in denial of a permit for any other applicant.
(Ch. 159, § 11, 10-25-00)
Sec. 13.5-97. - Effective date.#
This article is hereby continued in effect through December 31, 2025. It shall be reviewed for continued applicability by the planning board with a recommendation to the council no later than December 31, 2026.
(Ch. 217, § 1, 7-5-11; Ch. 221, § 1, 12-19-11; Ch. 224, § 1, 6-4-12; Ch. 284, § 1, 8-1-22; Ord. No. 25-01, 1-21-25; Ord. No. 25-07, 12-15-25)
Editor's note— Ord. No. 25-01, adopted Jan. 21, 2025, shall be retroactive to December 31, 2024.